Manuel García Mansilla's turnaround: from rejecting a commission appointment to assuming office by decree in the Court

The government of Javier Milei announced the appointment by decree of Ariel Lijo and Manuel García-Mansilla as judges of the Supreme Court of Justice of the Nation . The measure, taken without the approval of the Senate, is based on the power of the Executive to make appointments "on commission" until the end of the next legislative period. However, the decision contrasts with past statements by García-Mansilla, who months ago had expressed reservations about this mechanism.

During his hearing before the Senate's Committee on Agreements on August 28, 2024, García-Mansilla was asked about the constitutionality of commission appointments and his personal opinion on the matter. In that context, Senator Anabel Fernández Sagasti asked him about the precedent of decree 83/2015, through which former President Mauricio Macri attempted to appoint Horacio Rosatti and Carlos Rosenkrantz to the Court without going through the Senate.

" Given the impact that decree 83 had on public opinion, I would not have accepted a commission nomination ," García-Mansilla said at the time. While he acknowledged that it is a constitutional power of the President, he warned that its use depends on the context and that certain decisions can affect public perception of judicial independence.

Six months after those statements, the constitutional lawyer was appointed by decree by Milei himself. Those close to him pointed out that his statement before the Senate was made in response to a hypothetical scenario and that "contexts are important."

In his presentation to the Senate, García-Mansilla had raised a similar issue when referring to the expansion of the Supreme Court. He explained that, although it is a power provided for in the Constitution, its implementation could generate "discredit in the Judiciary" if it responds to current political interests.

In the same vein, when asked whether a judge appointed on commission could see his independence affected, he replied that "it is possible" that this situation could generate pressure when ruling in cases where the Executive Branch is involved.

García-Mansilla's appointment by decree raises questions about his position and the interpretation of his previous statements. At the same time, it revives the debate on the use of exceptional constitutional mechanisms in the judicial sphere and their impact on institutional stability.